1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination on the cause of the claim

A. According to the first sentence of Article 26 of the Labor Standards Act, when an employer intends to dismiss an employee, he/she shall give an advance notice at least 30 days prior to dismissal, and if he/she did not give an advance notice at least 30 days, he/she shall pay the ordinary wage for

B. In full view of the purport of the arguments in the evidence Nos. 1 and 2, the Defendant concluded a labor contract of 3,00,000 monthly wages with the Plaintiff around June 9, 2017 when operating a transportation company of construction equipment in the name of Dong Sea-si, and employed the Plaintiff as the operator of the above company. The Defendant expressed his/her intention of dismissal to the Plaintiff on the ground that he/she sold the vehicle without any prior notice on January 4, 2018. The Defendant was indicted on summary charge that the Plaintiff failed to pay the advance notice of dismissal allowance to the Plaintiff, and the Defendant was found guilty of having violated the Labor Standards Act by filing a request for formal trial, but the Defendant was found guilty on the ground that he/she did not pay the Plaintiff the advance notice of dismissal allowance to the Plaintiff, which was an employer, and according to the above acknowledged facts, the Defendant, barring any special circumstances, is obligated to pay the Plaintiff the amount equivalent to the ordinary wages of 30 days with the advance notice of dismissal allowance of 300,000 won and delay damages for delay after 16.

2. Judgment on the defendant's assertion

A. Determination on the assertion of exception under Article 26 of the Labor Standards Act is that the defendant dismissed the vehicle due to unavoidable reasons as a result of paying a large amount of vehicle repair cost due to the plaintiff's problem of the driver's practice, and such dismissal is the same.